T.MURUGANANDHAM Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The petitioner has filed the above writ petition to issue a writ of Certiorarified Mandamus to call for the records pertaining to the impugned Gazette Notification in Na.Ka.No.T5/10824/2018, dated 21.05.2019 on the file of the third respondent insofar as reserving the Ward No.1, Melavadikudi Theru, Appadurai Panchayat, Lalgudi Panchayat Union, Tiruchirappalli District under the Scheduled Caste category as illegal and quash the same and consequently, direct the third respondent to issue a fresh notification by reserving the Ward No.1, Melavadikudi Theru, Appadurai Panchayat, Lalgudi Panchayat Union, Tiruchirappalli District under General Category in accordance with Tamil Nadu Panchayats (Reservation of Seats and Rotation of Reserved Seats) Rules, 1995, within a time frame.

(2.) It is the case of the petitioner that as per 2011 Census, the total population of Appadurai Panchayat is 4019 and the population of Scheduled Castes is 790 which is only 19.65% of the total population. Further, the petitioner contended that in Ward No.1, according to rough estimate, out of total voters of 411, only 39 belong to the Scheduled Caste community which is only 9.48% of the total population. According to the petitioner, in accordance with Rule 3 of the Tamil Nadu Panchayats (Reservation of Seats and Rotation of Reserved Seats) Rules, 1995, 19.65% of 9 seats that comes to 1.76 which is rounded off to 1 seat in accordance with Rule 3(2) of the Tamil Nadu Panchayats (Reservation of Seats and Rotation of Reserved Seats) Rules, 1995, should have been reserved for Scheduled Castes in Appadurai Panchayat, however, 4 seats out of 9 seats have been reserved for the Scheduled Castes which is beyond the proportion of seats that can be reserved. In these circumstances, the petitioner has filed the above writ petition to quash the Notification dated 21.05.2019.

(3.) Mr.K.Chellapandian, learned Additional Advocate General appearing for the respondents 1, 3 and 4 submitted that the petitioner is challenging the Notification dated 21.05.2019 after a lapse of more than six months and the petitioner should have challenged the Notification at the earliest point of time. Further, the learned Additional Advocate General submitted that the total population of Lalgudi Panchayat Union is 1,19,238 and out of the same, the total population of the Scheduled Castes are 31,344 and there are 354 wards in the said Union and therefore, 93 wards are reserved for the Scheduled Castes, i.e., 31,344 / 1,19,238 X 354. Since 93 wards were reserved for Scheduled Castes in Lalgudi Panchayat Union, 4 wards are reserved for Scheduled Castes in Appadurai Panchayat. In these circumstances, the learned Additional Advocate General submitted that the reservation made by the second respondent is proper and no interference is warranted.